LATHIGEE v. LOEW (2021)

ORDER DISMISSING APPEAL AND REFERRING COUNSEL TO STATE BAR

On November 9, 2020, this court entered an order conditionally imposing sanctions on counsel for appellant, James R. Adams, for his continued failure to file the transcript request form, docketing statement, and opening brief and appendix.¹ The order directed counsel to comply within 14 days. On November 23, 2020, Adams filed a motion for an extension of time to file the docketing statement and opening brief. He also filed a transcript request form, which was rejected by the clerk of this court because it did not include a file-stamped copy of the transcript request filed in the district court and did not have a certificate of service. See NRAP 9. The clerk's notice rejecting the transcript request form directed Adams to file a motion for an extension of time to file an untimely transcript request form in order to comply with NRAP 9(a). On November 25, 2020, this court granted Adams's motion for an extension of time to file the docketing statement and opening brief and appendix. The order cautioned Adams that failure to timely file the documents could result in the imposition of sanctions, including dismissal of this appeal. The documents were due by December 23, 2020. To date, none of the required documents, including a motion for an extension of time to file the transcript request form, have been filed, and counsel has made no attempt to communicate with this court.

We have repeatedly stated that we expect all appeals to be “pursued in a manner meeting high standards of diligence, professionalism, and competence.” Cuzdey v. State, 103 Nev. 575, 578, 747 P.2d 233, 235 (1987); accord Polk v. State, 126 Nev. 180, 184, 233 P.3d 357, 359 (2010); Barry v. Lindner, 119 Nev. 661, 671, 81 P.3d 537, 543 (2003); State, Nev. Emp't Sec. Dep't v. Weber, 100 Nev. 121, 123, 676 P.2d 1318, 1319 (1984). It is incumbent upon Mr. Adams, as part of his professional obligations of competence and diligence to his clients, to know and comply with all applicable court rules. See RPC 1.1; RPC 1.3. These rules have been implemented to promote cost-effective, timely access to the courts; it is “imperative” that he follow these rules and timely comply with our directives. Weddell v. Stewart, 127 Nev. 645, 650, 261 P.3d 1080, 1084 (2011). Mr. Adams is “not at liberty to disobey notices, orders, or any other directives issued by this court.” Id. at 261 P.3d at 1085. Accordingly, we dismiss this appeal. NRAP 31(d).

Finally, because it appears that Mr. Adams's conduct in this appeal may constitute violations of RPC 1.3 (diligence), 3.2(a) (expediting litigation), and 8.4 (misconduct), we refer Mr. Adams to the State Bar of Nevada for investigation pursuant to SCR 104-105. Bar counsel shall, within 90 days of the date of this order, inform this court of the status or results of the investigation and any disciplinary proceedings in this matter.

It is so ORDERED.

Attachment 1

Attachment 2

IN THE SUPREME COURT OF THE STATE OF NEVADA

OFFICE OF THE CLERK

MICHAEL LATHIGEE, Appellant,

vs.

ADAM LOEW, AN INDIVIDUAL, Respondent.

Supreme Court No. 81384

District Court Case No: A768984

NOTICE TO FILE POCKETING STATEMENT AND REQUEST TRANSCRIPTS

TO: Adams Law Group \ James R. Adams

To date: appellant has not filed the Docketing Statement and the Transcript Request Form in this appeal. NRAP 14(b); NRAP 9(a).

Please file and serve the Docketing Statement and either a Transcript Request Form or, alternatively, a certificate that preparation of transcripts is not requested within 10 days from the date of this notice. See NRAP 10(b); NRAP 30 (b)(1). Failure to file a Docketing Statement or the appropriate transcript document may result In the imposition of sanctions, including the dismissal of this appeal. See NRAP 9(a)(7), NRAP 14(c).

DATE: September 15, 2020

Elizabeth A. Brawn, Clerk of Court

By: Sandy Young

Deputy Clerk

Notification List

Electronic

Adams Law Group \ James R. Adams

Procopio, Cory, Hargreaves & Savitch LLP/Las Vegas \ G. Lance Cobum

Procopio, Cory, Hargreaves & Savitch LLP/Las Vegas \ Jeffery A. Garofalo

FOOTNOTES

1.   A copy of the order is attached.